Oregon Statutes 659A.375 – Employer policies relating to prevention of discrimination and sexual assault; requirements
(1) Every employer in this state shall adopt a written policy containing procedures and practices for the reduction and prevention of discrimination prohibited by ORS § 659A.030, including sexual assault, as defined in ORS § 659A.370, and discrimination prohibited by ORS § 659A.082 and 659A.112.
Terms Used In Oregon Statutes 659A.375
- Bureau: means the Bureau of Labor and Industries. See Oregon Statutes 659A.001
- Employer: means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. See Oregon Statutes 659A.001
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(2) At a minimum, the policy must:
(a) Provide a process for an employee to report prohibited conduct;
(b) Identify the individual designated by the employer who is responsible for receiving reports of prohibited conduct, including an individual designated as an alternate to receive such reports;
(c) Include the statute of limitations period applicable to an employee’s right of action for alleging unlawful conduct described in subsection (1) of this section;
(d) Include a statement that an employer may not require or coerce an employee to enter into a nondisclosure or nondisparagement agreement, including a description of the meaning of those terms;
(e) Include an explanation that an employee claiming to be aggrieved by conduct described in subsection (1) of this section may voluntarily request to enter into an agreement described in ORS § 659A.370 (2), including a statement that explains that the employee has at least seven days to revoke the agreement; and
(f) Include a statement that advises employers and employees to document any incidents involving conduct prohibited by ORS § 659A.030, including sexual assault as defined in ORS § 659A.370, or conduct prohibited by ORS § 659A.082 and 659A.112.
(3) An employer shall:
(a) Make the policy available to employees within the workplace;
(b) Provide a copy of the policy to each employee at the time of hire;
(c) Provide to each person with whom the employer seeks to enter into an agreement, as described in ORS § 659A.370 (2), a copy of the policy in the language the employer typically uses to communicate with the person; and
(d) Require any individual who is designated by the employer to receive complaints to provide a copy of the policy to an employee at the time that the employee discloses information regarding prohibited discrimination or harassment.
(4) The Bureau of Labor and Industries shall make available on the bureau’s website model procedures or policies that employers may use as guidance to establish the policy described in this section.
(5) Nothing in this section is intended to relieve an employer of liability for engaging in conduct that is prohibited under ORS Chapter 659A. [2019 c.343 § 3; 2022 c.107 § 3]